The Confidentiality Problem

Confidentiality is fundamental to the free exchange of positions and interests in mediation. There is a strong public policy in California toward resolving disputes between parties out of court. Evidence Code sections 1115‑1128 provides for strict confidentiality of mediation communications and writings, unless certain enumerated statutory exceptions are satisfied to waive confidentiality and inadmissibility. But mediation confidentiality is not without its … [Read More...]